Sri. Apurba Kr. Ghosh          ……….President

The Complainant has filed this case against the O.P. and praying for the following order / reliefs :-

1. Direction against the OP to refund a sum of Rs. 50,000/- to the complainant incurred for the wrong treatment.
2. Direction against the OP to pay a sum of Rs. 1,00,000/- to the complainant for loss of health, mental pain, agony and harassment caused by the OP.
3. Direction against the OP to pay a sum of Rs. 15,000/- to the complainant for cost of Legal proceedings.
4. Any further relief/reliefs complainant is legally entitled.

BRIEF FACT OF THE COMPLAINT.

1. That the Complainant is a consumer of the OP and the complainant went to the OP for consultation for her piles on 12.09.2020. (Annexure -1 Collectively).
2. That the OP diagnosed the problems and explained the critical condition of the affected area and  given immediate medications through his prescription and suggested for surgical interventions as soon as possible and the complainant was charged Rs. 5,000/- on account of consultation and advance payment for surgery and medicines for preparation of surgery.
3. That, the complainant visited the chamber of the OP on 16.09.2020 where she deposited Rs. 25,000/- for the surgery but no receipt was given to the complainant.
4. That, the OP performed the surgery, he applied medicines on the operated areas and prescribes medicines with suggestion for follow up dressing at his clinic and he suggested some allopathic medicines.
5. That, till 01.10.2024 the complainant kept on following the advice of the OP but the problem kept on growing and health deteriorating and despite the problem growing but the complainant continued visiting the chamber of the OP for chargeable dressing on every alternate day till 20.10.2020 and took all his prescribed medicines and followed his advice
6. That the husband of the complainant came from his place of posting on 29.10.2020 when he got the information of his wife and on being asked by the husband of the complainant the OP kept on insisting the use of medicine which he prescribed and follow the dressing and assured that, full cure of the problem could be reached.
7. That, 02.11.2020 the complainant went to the North Bengal Medical College and Hospital where on being examination the complainant was told that, the OP is a quack and not a doctor and he is not a surgeon and also told that, the procedure surgery is a total blunder done which only had made a lot of blood loss happened and some irreparable damage also occurred which will need another surgery from a specialized doctor for rectification (Annexure-C2).
8. That the FIR was lodged with the Pradhan Nagar Police Station  (Annexure-C-3).
9. That, the complainant was taken to St John’s Medical College Hospital, Bengaluru on 04.11.2020 and Rajdhani Hospital Jaipur by her husband for treatment (Annexure-C4 collectively).
10. That the complainant suffered severe physical and mental pain in the hands of the OP and the complainant/patient generally approaches a doctor with faith and expectations of medical treatment with all the knowledge and skill at their command and they will not do anything to harm the patient in any manner either because of their negligence, carelessness but the act of the OP was completely a gross violation of medical ethics.

To prove the case the complainant has filed the following documents:-

1. Copy of the prescription and following advice is annexed as Annexure- C1 (Collectively).
2. Copy of the OPD Patient Card is annexed as Annexure-C2.
3. Copy of the FIR and the Seizure List is annexed as Annexure-C3.
4. Copies of the documents related to treatment from both institutes are annexed as Annexure-C4 (Collectively).

Notice was issued form this Commission and on receipt of notice the OP appears through Vokalatnama, files written version and denied all the material allegations of the complainant. In the written version the OP has stated that, the allegations of the complainant is false/the complaint is not maintainable in law as well as fact/ the complainant is not a consumer. The OP in his written version has denied each and every statement made in the complaint petition. By filing the written version the OP has prayed for dismissal of the case.

Having heard the Ld. Advocate of both the sides and on perusal of the written complaint, documents filed by the complainant, written version of the OP the following points are taken up for consideration.

POINTS FOR CONSIDERARTION 

1. Whether the Complainant is a consumer?
2. Whether the case is maintainable under the C.P. Act ?
3. Whether there is any deficiency in service on the part of the O.P. as alleged by the Complainant?
4. Is the Complainant entitled to get any award and relief as prayed for as per the prayer of her Complaint?

Decision with Reasons

All the points are taken up together for discussion to avoid unnecessary repetition and for sake of convenience and brevity of this case.

The complainant in order to prove her case has filed written deposition in the form of an affidavit. In her written deposition the petitioner has stated and corroborated the contents of the complaint she has specifically stated on which she firstly went to the chamber of the OP for consultation. It has also been stated in the evidence of the petitioner that on which day the operation was done by the OP and what complication had been arisen after that operation and she further corroborated how long she was treated by the OP. The petitioner has further stated when her physical condition became precarious due to wrong treatment by the OP&  she was taken to St. John’s Medical College, Bengaluru on 04.11.2020 and Rajdhani Hospital, Jaipur for treatment ( Annexure-C4, collectively).

Ld. Advocate of the OP during argument submits that, the complainant has failed to prove her case against the OP and she is not entitled to get the relief as prayed for. Ld. Advocate of OP further submits that, the complainant was never treated by the OP and no such operation for piles of the complainant was done by the OP. He further argued that only to harass the OP the complainant has filed this case.

Having heard the Ld. Advocate of both the side and on perusal of the evidence of the complainant and documents filed by her it is proved that, she was medically treated by the OP and she firstly went to the OP on 12.09.2020 for consultation with him for her piles. The complainant has also filed the medical prescription which was issued by the OP and the same has been annexed as C1. The complainant in her written complaint and in her written deposition has specifically stated that, she deposited a sum of Rs. 25,000/- to the OP on 16.09.2020 for surgery and on 12.09.2020 the complainant was charged Rs. 5,000/- by the OPon account of consultation and advance payment for surgery and medicines. The complainant has also been able to prove that, she was compelled to go to Noth Nengal Medical College & Hospital , St. John’s Medical College, Bengaluru and Rajdhani Hospital Jaipur for better treatment and she filed medical documents as Annexure C4 collectively.

It is needless to mentioned here that, a doctor had a duty of care to the patient but in the instant case the OP being a doctor had breached that duty of care by not providing the appropriate standard of care and the said breach caused the aggravated condition of health of the complainant and such pain, sufferings of the complainant was caused either due to failure of treatment by the OP is not adopting reasonable skill or failure of duty of care. To falsify the case of the complainant the OP did not adduced any evidence in support his written version.

Considering the unchallenged evidence of the complainant and considering the documents annexed by her we are of the view that, the complainant has been able to prove the case against the OP and she is entitled to get the relief.

Hence,

O R D E R E D,

That, the instant Consumer Case being in No. 36/2020 is hereby allowed on contest but in part. The OP is directed to pay a sum of Rs. 30,000/- to the complainant which was received from the complainant. The OP is further directed to pay a sum of Rs. 10,000/- to the complainant for compensation as well as for  causing mental pain, agony, physical harm by wrong treatment. The OP is further directed to pay a sum of Rs. 5,000/-  to the complainant as cost of legal proceedings and the OP is also directed to pay a sum of Rs. 10,000/- in the Consumer Legal Aid Account of this Commission.

The OP is directed to pay the said sum of money within 45 days from this day failing which he will have to pay interest at the rate of 9% per annum and the complainant will have the liberty to take steps against the OP as per law.

Let a copy of this order be given to the complainant free of cost.